=> We the media-persons from both the print and elect
We the media-persons from both the print and electronic media, representing various media bodies, including PFUJ, APNS, CPNE, PBA, SAFMA, SAMC, MCP, various press clubs and journalist unions, writers and civil society representatives from across Pakistan, having met on November 30, 2007, at Islamabad and deliberated upon the state of media, its freedom, media laws, safety of journalists, closer and sustenance of media enterprises have reached following conclusions, objectives and goals to pursue both individually and collectively:
Concerned about the imposition of emergency, suspension of the Constitution and fundamental rights, erosion of independence of judiciary and rule of law and its adverse consequences for media freedom, imposition of two black media laws (PRMRA and PNNABRO), an arbitrary Code of Conduct for Media, suspension of transmission of private news and current affairs televisions, prolonged suspension of GEO, continuing witch-hunt of certain outspoken journalists and media outlets, ban on import of dish antenna components, attacks on and arrests of protesting journalists, withholding of government ads and various methods of intimidation of media industry and working journalists during the military regime, in general, and since November 3, in particular;
Rejecting Provisional Constitutional Order (PCO), imposition of emergency, the two media ordinances, Code of Conduct for Media and other authoritarian measures as a breach of social contract between the citizens and state, 1973 Constitution, Universal Declaration of Human Rights, International Convention of Civil and Political Rights, rule of law, freedom of speech, right to know, freedom of media and liberal democratic values and also against the intent of a transition from a military-led authoritarian regime to a democratic dispensation;
Applauding the resolve, unity and struggle of the media community, with the backing of international media community, civil society and all democratic forces, against the suppression of fundamental rights, freedom of speech, right to know and two draconian ordinances (PEMRA and PNNABRO), an extremely prohibitive Code of Conduct for Media and clampdown on electronic media, in particular, and press, in general;
Rejecting all media ordinances issued before the convening of last parliament and amended afterwards being prohibitive of freedom of expression and right to know;
Taking serious exception to putting private televisions off the air by coercing cable operators, banning certain talk shows and comperes and restricting live coverage and twisting the arms of independent media, such as GEO and other media outlets.
Noting the methods of intimidation and economic strangulation used by the government to coerce certain media units to surrender their freedom and rights and signing of or subscribing to Code of Conduct for Media by individual media owners under duress;
Condemning the attack on judiciary and media to deprive people of their fundamental rights, rule of law, justice, right to know and suppression of dissent, plurality of views, free speech and misuse of officially-controlled media against all ethical and professional standards;
Perturbed over the erosion of all pillars of state, legitimacy of enforcing writ of the state for the perpetuation of one-man autocratic rule, breaking of social contract between the citizens and the state at the hands of fifth martial law, overthrow of judiciary, suppression of a free media and naked manipulation of electoral process and the sovereign right of the people to elect their representatives in a free and fair election and diversion of law enforcement agencies from their real job of eradicating the scourge of terrorism, maintaining law and order and protecting the life and the property of people;
Alarmed at the phenomenal rise and expansion of terrorism, extremism and intolerance and erosion of the writ of the state in the tribal areas and NWFP, in particular, and the country, in general, continuing suicidal attacks and mushroom growth of private militias and breakdown of governance;
Taking exception to imposed hegemony of state over civil society organizations by amending the Legal Practitioners and Bar Councils Act through an ordinance and imposing PEMRA and PPO/PNNABRO over media;
Cautioning against the colossal consequences of the prolongation of authoritarian rule, deepening alienation of the people, especially in Balochistan under an ongoing military operation, and enormous threats being posed by terrorists and extremists to the survival of this nation and integrity of the country;
Reiterating our solemn commitment to supremacy of the 1973 Constitution, an independent judiciary, a sovereign parliament, an undiluted democracy, a participatory federation, fundamental human rights, freedom of expression, right to know, free media, pluralism and tolerance;
We are of the considered view that:
a) The degree of access to information and freedom of expression and pluralist free media are defining elements of a political system. In autocratic and intolerant regimes, information is restricted on the basis of the “need to know” and limited to a powerful few. Democracies, on the other hand, respect freedom of expression and recognize the right to information that is inclusive and empowers the people. A free and independent media is a prerequisite of a responsible and transparent governance and accountability.
b) The media– as a watchdog of public interest, carrier of information, promoter of a free and balanced debate–is a most dynamic institution of civil society and can only flourish in a democracy and tolerant culture.
c) The freedom of media, freedom of expression and right to know are embedded in the universal recognition of fundamental human, civil and political rights, guaranteed by the Constitution and enforceable by an independent judiciary;
d) The media in Pakistan is under threat from state authoritarianism, terrorism and ethno-religious extremism.
e) The journalists struggle for a free media is un-separable from the overall democratic struggle by civil society, bars, intelligentsia and democratic forces for the restoration of 1973 Constitution in its original spirit, undiluted parliamentary democracy, genuine federalism, an independent judiciary, a sovereign parliament and promotion of democratic culture of pluralism and tolerance;
f) The media volunteer to be self-regulated by its own professional codes of ethics under autonomous regulatory bodies formed by major stakeholders that are absolutely free from the influence of or interference by the executive/government.
We, therefore, agree to work together to pursue the following objectives and goals and demand:
That we demand, and resolve to work for, lifting of emergency and all curbs on fundamental rights, including freedom of expression, right to know and free debate, restoration of the 1973 Constitution in its true spirit, revival of the pre-PCO independent judiciary, and holding of free and fair elections while ensuring a level playing field to all parties to a sovereign parliament and confining the armed forces to their actual job of guarding frontiers and maintaining security.
That we demand, and resolve to struggle for, the withdrawal of PEMRA, PNNABRO (Amended) ordinances and the Code Conduct for Media, restoration of all news channels, including GEO, without any restriction on live coverage or particular programs, an end to harassment and victimization of individual media outlets and journalists, rescinding the ban on the import of dish antenna and other prohibitive measures.
That we demand, and resolve to purse, restoration of freedom of expression and freedom of media without any undemocratic restrictions and bureaucratic restraints and it must be guaranteed against all forms of intimidation from both state and non-state actors. All laws, including related to media, shall be amended to facilitate media freedom.
That we demand, and resolve to jointly pursue, the fundamental right of the citizens to know while amending the current law on freedom of information on the following lines:
A freedom of information law should provide for maximum disclosure.
Public bodies must be obliged to publish key information.
Exceptions should be clearly and narrowly drawn and subject to strict “harm” and “public interest” tests.
Pubic bodies must actively promote open government.
Requests for information should be processed rapidly and fairly and refusals should be appealable to independent tribunals.
Fees for disclosure should not be high as this will discourage the seekers of information.
Laws that are inconsistent with the principle of maximum disclosure should be suitably amended or repealed.
Individuals who release information on wrongdoing — whistleblowers — must be protected.
The right to access record / information in the possession of public bodies / authorities should be acknowledged.
The grounds on which information may be exempted from disclosure should be reduced to the minimum. Even exempted information should be disclosed if public interest demands it.
That we demand and resolve all seven ordinances issued by General Pervez Musharraf after the last elections and before the last parliament was convened shall be amended in the light of the suggestions given by the stakeholders, including SAFMA.
That all restrictions on issuing of licenses to private televisions and radios must be lifted and allowed under normal business rules and regulations and all such clauses in the PEMRA law which are prejudicial to free speech and free enterprise must be dispensed with immediately.
That all public sector media corporations, including Pakistan Television, Pakistan Broadcasting Corporation, Associated Press of Pakistan, etc., must be made independent of a sitting government and the executive and turned into public corporations, such as on the lines of BBC and public broadcasting agencies.
That FM and other radios must be allowed to relay news and current affairs programs.
That all official advertisements shall be distributed on merit without any discrimination against any media outlet.
That bar councils/associations, media and other civil society bodies must remain autonomous of the state institutions and space for civil society must expand, be squeezed. The amendments to the Legal Practitioners and Bar Councils Act 1973 must be withdrawn.
That the working journalists and media owners undertake to evolve their own code of ethics to be voluntary followed by the media practitioners and monitored and implemented by regulatory bodies created by the stakeholders and working independent of the executive/government.
That we agree to uphold and strengthen democratic values, fundamental rights, freedom of expression, right to know, pluralist democracy, culture of tolerance, peace and harmony, undiluted democracy, independence of judiciary, rule of law, sovereignty of the parliament and supremacy of the Constitution.
Source: Pak Media Conference
Date:12/1/2007
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